§19-2502. Definitions.
The following words, terms and phrases, when used in this
Chapter, shall have the meanings ascribed to them in this Section, except in
those instances where the context clearly indicates a different
meaning:
(1)
Abandoned
Property.[330] Any property
that is not a vacant lot, as defined in this Section; and which
has:
(a) either:
(i) remained continuously unoccupied during
the privilege year and for the prior four calendar years; or
(ii) has
been licensed as vacant for the entire privilege year in accordance with the
provisions of Section PM-102.4 of Title 4 of The Philadelphia Code; and
either
(b) (i) (in the case of property containing one or more
buildings used in whole or in part for one or more dwelling units immediately
prior to the time such property became vacant) has been under continuous
designation as a public nuisance pursuant to Section PM-307.0 of Title 4 of The
Code during the privilege year and for the year immediately preceding the
privilege year; or
(ii) (in the case of property containing one or
more buildings none of which were used in whole or in part for one or more
dwelling units immediately prior to the time such property became vacant) has
been under continuous citation by an agency of the City for violation of
Philadelphia Code provisions relating to the health or safety of citizens during
the privilege year and for the year immediately preceding the privilege year;
or
(iii) (in the case of land not containing any building) has been
continuously under citation for violating Section PM-102.4 or PM-302.0 of Title
4 of The Philadelphia Code during the privilege
year.
(2)
Continuously Unoccupied. Any property which is listed
during the entire privilege year as vacant in the records of the Board of
Revision of Taxes, or is designated by the Department of Licenses and
Inspections as vacant during both the privilege year and the year immediately
preceding the privilege year, shall be deemed continuously unoccupied during the
privilege year.
(3)
Privilege Year. The twelve (12) month period
corresponding to the calendar year.
(4)
Actively Marketed. Means
good faith efforts by the owner of the property to obtain one or more occupants
of the property. Such good faith efforts may include (without limitation) one or
more of the following:
(i) making substantial financial expenditures,
in comparison with the value of the property; or
(ii) listing the
property for sale or lease, or both, with one or more real estate brokers, for a
price and on terms, or for a rental, that is realistic considering the fair
market or fair market rental value of the property;
or
(iii) advertising (using one or more signs on the property and at
least one other medium) the availability of the property for sale or rental for
a price and on terms, or at a rental, that is realistic considering the fair
market value or fair rental value of the property.
Sporadic attempts to
sell or lease the property during the privilege year may be viewed as not
constituting a good faith marketing effort.
(5)
Vacant
Lot.[331] Any property
which:
(a) is unimproved or contains no buildings that are in
compliance with all provisions of The Philadelphia Code relating to the health
or safety of citizens; and
(b) has a lien for demolition of any
structures by the Department of Licenses and Inspections.